jewell A
Jun 22, 2025
upgraded to ir1 /cr1
My husband petitioned for me and our boys they're minors and as a LPR and upgraded to USC. does he now need to file separate i130 for our minor children now that he upgraded from f2a to ir1?
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trishia antonyJun 22, 2025
yes!!immediately!!
Christine Kova4d
No, you don't need to file a separate petition if you upgrade from F2A to IR1. When you become a U.S. citizen, the visa category for your spouse automatically upgrades from F2A (spouse of a green card holder) to IR1 (spouse of a U.S. citizen). You will, however, need to notify the National Visa Center (NVC) of your citizenship status change and provide them with your naturalization certificate.
Here's a more detailed explanation:
Automatic Conversion:
When a lawful permanent resident (LPR) becomes a U.S. citizen, their spouse's visa classification automatically changes from F2A (Family Second Preference) to IR1 (Immediate Relative). There's no need to file a new I-130 petition, according to the U.S. Department of State (.gov).
Notify the NVC:
You'll need to inform the NVC, which handles immigrant visa processing, of your citizenship status change. You'll typically do this by submitting a copy of your naturalization certificate to the NVC, often through their Public Inquiry Form.
Potential Need for Separate Petitions for Children:
If you had included your minor children on your F2A petition, you will need to file separate I-130 petitions for them now that you are a U.S. citizen. Children cannot be included as derivative beneficiaries on an IR1 petition.
